logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 부산지방법원 서부지원 2018.01.10 2017고단1563
도로교통법위반(음주측정거부)
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On August 29, 2017, at around 08:10 on August 29, 2017, the Defendant driven a motor vehicle under the influence of alcohol, such as a traffic accident while driving a motor vehicle of DK7 at the front of the police box before the front of the previous police box, while drinking the motor vehicle at the face, smelling the motor vehicle at the face, failing to properly hold the body.

Since there are reasonable grounds to designate a person, the police box was demanded by E to respond to the measurement of drinking by inserting approximately 30 minutes of the police box in the manner of putting about 30 minutes of the police box.

Nevertheless, the defendant refused to take a drinking test and failed to comply with a police officer's request for a drinking test without justifiable grounds.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to the traffic accident report, investigation report, relevant photographs and the statement report on the situation of the driver involved;

1. The provision of Article 148-2 (1) 2 and Article 44 (1) of the Road Traffic Act and the selection of punishment for a crime under the relevant Act;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (see, e.g., Supreme Court Decision 2006Da1548, Apr. 1, 201)

1. Article 62 (1) of the Criminal Act ( repeatedly considering the above circumstances);

1. Article 62-2 of the Criminal Act concerning community service and order to attend lectures;

arrow